Commonwealth v. Buckley
Massachusetts Supreme Judicial Court
Indictment on the Pub. Sts. c. 202, § 29, alleging that the defendants, John Buckley and John Clune, on May 14, 1887, at Brockton, “ knowingly, wilfully, and maliciously did verbally threaten to accuse one Frank A. White, of Brockton aforesaid, of having wilfully and maliciously committed the crime of burning a building not his own, to wit, the store of John D. White, by words then and there knowingly, wilfully, and maliciously spoken of and to the said Frank A. White,…
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Indictment on the Pub. Sts. c. 202, § 29, alleging that the defendants, John Buckley and John Clune, on May 14, 1887, at Brockton, “ knowingly, wilfully, and maliciously did verbally threaten to accuse one Frank A. White, of Brockton aforesaid, of having wilfully and maliciously committed the crime of burning a building not his own, to wit, the store of John D. White, by words then and there knowingly, wilfully, and maliciously spoken of and to the said Frank A. White, substantially as follows: ‘You (meaning the said Frank A. White) are the man that set the fire, and unless you give us one…
1Opinion of the CourtW. Allen, J.
This indictment is upon the Pub. Sts. c. 202, § 29, for maliciously threatening to accuse a person of the crime of burning a building not his own, with intent to extort money. The defendants offered to prove that the charge threatened was true; and the evidence was excluded. It is contended that the evidence was competent on the question of malice. The malice required by the statute is not a feeling of ill-will toward the person threatened, but the wilful doing of the act with the illegal intent. Commonwealth v. Goodwin, 122 Mass. 19. If the threat was wilfully made, with the intent to extort…
2Cases cited2 opinions
- Commonwealth v. GoodwinMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- People v. HarrisMichigan Supreme Court · 2014
- Commonwealth v. O'NeilMassachusetts Appeals Court · 2006
- People v. WickesAppellate Division of the Supreme Court of the State of New York · 1906
- State v. NasesHawaii Supreme Court · 1982
- Commonwealth v. EckerMassachusetts Appeals Court · 2017
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